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Ordinance 040-2004 a ORDINANCE NO. 040 —2004 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REPEALING ORDINANCE 19-2004 AND AMENDING SECTIONS 9.5-119 AND 9.5-346, MONROE COUNTY CODE; REVISING REQUIREMENTS FOR RESTORATION OF LANDS CLEARED WITHOUT BENEFIT OF PERMIT OR BEYOND SCOPE OF A PERMIT; DELETING TRANSPLANTATION REQUIREMENTS AND SUBSTITUTING WITH REQUIREMENTS FOR PAYMENT INTO THE MONROE COUNTY ENVIRONMENTAL LAND MANAGEMENT AND RESTORATION FUND; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners approved an ordinance amending Section 6-29, Monroe County Code (MCC), to increase the fees for after-the-fact permits, including the provision of mitigation fees for unlawful filling of wetlands; and, WHEREAS, the Growth Management Division staff was directed to prepare amendments to Section 9.5-119, MCC, to strengthen the standards for restoration of habitat areas that are unlawfully cleared without benefit of a permit; and, WHEREAS, in reviewing Section 9.5-119, MCC, and related regulations, the Growth Management Division staff determined that changes in the transplantation requirements in Section 9.5-346, MCC, for on-site and off-site mitigation of, cleared habitat areas were warranted as transplantation has not been proven to be a successful or cost-effective measure; and, WHEREAS, the Growth Management Division staff prepared amendments to Section 9.5-119, MCC, to strengthen the restoration requirements and increase the mitigation requirements for the clearing of lands without benefit of a permit; and, WHEREAS, the staff also prepared amendments to Section 9.5-346, MCC, to replace transplantation as a mitigation option in the clearing of habitat with a requirement for payment of mitigation fees into the county's "Restoration Fund", now renamed the "Environmental Land Management and Restoration Fund"; and, WHEREAS, the Planning Commission recommended approval to the Board of County Commissioners of the proposed amendments with additional provisions to increase the penalties for unlawful clearing of environmental habitat; and, WHEREAS, at the June 16, 2004, public hearing on the proposed ordinance, the Board of County Commissioners was informed by the County Attorney of his concerns about the legality of the penalty provisions of the proposed ordinance as applied to unlawful clearing of habitat; and, WHEREAS, the County Attorney recommended that the Board proceed to adopt the ordinance with the understanding the ordinance would be submitted to the Growth Management Division's special legal counsel for an in-depth legal review to ascertain the validity of the penalty provisions of the ordinance; and, WHEREAS, the Board of County Commissioners adopted Ordinance 19-2004, amending Sections 9.5-119 and 9.5-346, MCC; and, WHEREAS, the Growth Management Division rendered the adopted ordinance to the Florida Department of Community Affairs for its approval pursuant to Chapter 380, Florida Statutes; and, WHEREAS, subsequent to the adoption of Ordinance 19-2004, the Growth Management Division's special legal counsel, the firm of Freilich, Leitner & Carlisle rendered a legal opinion that the penalty elements of the adopted ordinance were inconsistent with Florida Statutes; and, WHEREAS, based upon this legal opinion, the Growth Management Director in consultation with the County Attorney, notified the Florida Department of Community Affairs of the County's need to withdraw Ordinance 19-2004 to cure the legal deficiencies in the adopted ordinance; and, WHEREAS, the Growth Management Division staff in coordination with the County Attorney, has prepared amendments to Sections 9.5-119 and 9.5-346 that cure these legal deficiencies; WHEREAS, the proposed amendments to the restoration standards of the county's regulations are intended to ensure that such lands are fully restored and to provide a dedicated funding source for restoration and management of public conservation land; and, WHEREAS, the Board of County Commissioners has reviewed the proposed amendments to Sections 9.5-119 and 9.5-346, recommended by the Planning Commission and Growth Management Division; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Ordinance 19-2004 is hereby rescinded. Section 2. The title to Section 9.5-119, MCC, is hereby amended as follows: Sec. 9.5-119. Environmental restoration standards.1 Section 3. Section 9.5-119 (a), MCC, is hereby amended and reorganized into paragraphs (a) and (b) as follows: (a) In the event any land clearing is occurring on a site and such clearing is outside the scope of any permit issued or for which no permit was issued, the building official or other authorized county official, shall issue a stop work order.2 If any land clearing has occurred for which no permit has been issued or beyond the scope of an issued permit, such activity shall be subject to code enforcement proceedings under ' Restoration agreements are being eliminated as the proposed language will not allow such agreements which allowed stop work orders to be removed or permitting even though restoration had not taken place. 2 This revision provides clear authority to code enforcement officers or other duly authorized County officials to place stop work orders. i chapter 6.3.3 Except for issuance of an approved after-the-fact permit for restoration, the stop order shall remain in effect and no application for a building permit shall be processed or issued for the site until the violation for unlawful land clearing is corrected pursuant to paragraph (b). (b) A land clearing violation is corrected if all the following conditions are met in accordance with a restoration site plan approved by the county biologist: (1) The site shall be restored to its pre-violation grade. (2) All native trees, shrubs, and groundcovers on the unlawfully cleared site shall be replaced with native plant species as appropriate to the site unlawfully cleared. The trees shall be of a size and maturity commensurate to the unlawful clearing as determined by the county biologist. The native species mix shall consist of the approximate percentages of the predominant tree, shrub and groundcover species on the site unlawfully cleared prior to the violation, but if any endangered or threatened tree, shrub or groundcover species were unlawfully cleared, then those species shall be replaced with plants of a size and maturity commensurate to and related to the unlawful clearing as determined by the county biologist regardless of predominance. (3) All replanted trees, shrubs, and groundcovers shall be located on site within the same areas that were unlawfully cleared.4 (4) A monetary guarantee for the restoration work, as stipulated in paragraph (e), shall be provided in the form of a surety bond. (5) The restoration work to correct the land clearing violation in accordance with subsections (1) through (3) above shall be required to receive final inspection approval by the county biologist. Section 4. A new Section 9.5-119 (c), MCC, is hereby created as follows: (c) Any violation for land clearing that has been corrected pursuant to paragraph (b) above shall be subject to the following additional conditions to ensure the growth and viability of the restored habitat: (1) Except as expressively authorized by the county biologist pursuant to an approved phased restoration site plan, all invasive exotic plant species, on the most current Florida Exotic Pest Plant Council's list of Category I or II invasive exotic plants shall be continuously removed during the three (3) year period described in subsection (2) below. Section 5. Section 9.5-119 (b), MCC, is hereby relabeled as Section 9.5-119(c)(2) and amended as follows:5 3 This revised language reflects the fact that often times unlawfully clearing has already occurred before a stop work order can be placed. 4 The concept of off-site transplantation is not viable based on the experience of Miami Dade County and the Monroe County biologists. 5 The three-year time frame is necessary to ensure growth and viability of replanted plant materials. (2) At least eighty (80) percent of the trees replaced, as described in sec. 9.5-119 (b)(2), shall be viable at the end of a three (3) year period from the date of the final inspection of the restoration work; however, dead or dying trees may be replaced, subject to prior approval by the county biologist, during the three (3) year period in order to assure the eighty (80) percent minimum is met at the end of three years. The restoration work shall be inspected by the county biologist on an annual basis during the three-year period and shall require a final inspection at the end of the three year period. He may direct that dead or dying trees be replaced as he deems necessary to ensure the eighty (80) percent standard will be met at the end of the three years. Section 6. Section 9.5-119 (d) , MCC, is hereby created to read as follows:6 (d) Failure to meet the conditions of sec. 9.5-119 (c) above, shall be considered a violation of this chapter and subject to code enforcement proceedings under chapter 6.3. Section 7. Section 9.5-119 (c), MCC, is hereby relabeled as paragraph (e) and amended as follows: (e) The permit holder shall be required through a surety bond, to guarantee the satisfactory completion of the restoration work in accordance with the approved restoration site plan and the survival of at least eighty (80) percent of the replanted trees for a period of at least three (3) years after the issuance of the after-the-fact permit for the restoration work.' (1) Guarantee amount: The amount of the restoration guarantee shall cover the full costs of the restoration work described in sec. 9.5-119 (b) (1) through (3). The estimated costs of the restoration described in sec. 9.5-119 (b) shall be the sum of a and b, below:8 a. One hundred (100) percent of the estimated cost of the restoration described in sec. 9.5-119 (b)(1) as estimated by the county engineer; or alternatively, one hundred- fifty (150) percent of the price of a binding contract for the restoration work required by sec. 9.5-119 (b)(1) entered into with a contractor qualified to perform such work. b. One hundred (100) percent of the estimated cost, as estimated by the building official, of performing the restoration work described in sec. 9.5- 119(b)(2) and (3); or, alternatively, one hundred-fifty (150) percent of the price of a binding contract for the restoration work described in sec. 9.5-119 (b)(2) and (3) entered into with a Florida licensed landscape architect. 6 This new language clearly identifies that failure of the property owner to meet the maintenance provisions of the restoration is considered a violation and subject to code enforcement proceedings. The current regulations do not require monetary guarantees except in the case of a restoration agreement which have been eliminated in the proposed ordinance. This guarantee is needed to ensure restoration is completed and the survivability of the replacement plants is ensured. 8 The estimated costs to base the amount of surety bond is higher for amounts based on construction contracts to provide some protection for the County in case of a default where the construction contracts may not reflect true costs. 2 (2) Surety bond: The surety bond shall be in a form and with a bonding company approved by the county attorney. The bond shall be payable to the county in the amount of estimated total cost for restoration work as calculated in sec.9.5-119(e)(1) above, and enforceable, on or beyond a date thirty-six (36) months from the date of the permit issued for the restoration work. Release of any bond shall be conditioned upon final approval by the county biologist of the restoration work as stipulated in sec. 9.5-119 (c)(2).9 (3) Default: All guarantees shall provide that if the permit holder failed to complete required restoration work accordance with the restoration site plan and failed to comply with the requirements of sec. 9.5-119 (c)(2), the director of planning in consultation with the county attorney, may take the following action: Inform the bonding company in writing of default by the permit holder and request that it take necessary actions to complete the required improvements.19 Section 8. Section 9.5-346 ("Transplantation Plan") MCC, is hereby deleted and replaced with the following:11 Section 9.5-346. Mitigation standards and county environmental land management and restoration fund. (a) Mitigation standards: The removal of any listed threatened, endangered, commercially exploited, and regionally important native plant species and all native trees with a diameter at breast height (DBH) of greater than four (4) inches shall require payment to the County Environmental Land Management and Restoration Fund in an amount sufficient to replace each removed plant or tree on a two to one (2:1) basis.12 The number, species, and sizes of trees and plants to be mitigated shall be identified in an existing conditions report approved by the county biologist in accordance with the minimum size requirements set forth in sec. 9.5-367. (b) Mitigation fees determination: The mitigation fee shall be based on the replacement cost of the specific plants and trees. The costs for replacement plants and trees shall be based upon a price schedule maintained and updated annually by the county biologist. This schedule shall be based on price quotes by at least three (3) private plant nurseries within Monroe County or Miami-Dade County. (c) County environmental land management and restoration fund: The board of county commissioners may establish a special revenue fund called the Monroe County Environmental Land Management and Restoration Fund. Revenues and fees deposited in this fund shall be used for restoration and management activities of public resource 9 The options for use of a cash escrow and letter of credit have been eliminated and replaced with surety bond which is easier to administer and ensures funds will be available even if property owner goes out of business. 10 This default language has been added similar to language for subdivision improvements in Section 9.5-85. 11 The entire concept of on-site transplantation,except for restoration,and off-site transplantation has been eliminated due to the problems with plant survivability. Instead,the concept is that for any clearing of habitat,the permit holder will have to pay a mitigation fee into the County's environmental land management and restoration fund. The County will be in a better position to direct such funds to where they are needed the most. The three —to-one requirement for replacement of native plants within cleared areas is consistent with Comprehensive Policy 205.2.9 for off-site transplantation. 12 The existing off-site transplantation requirement is 3 to 1; however, as on-site transplantation is no longer an option,for purposes of mitigation the 2 to 1 ratio is more than sufficient to cover the costs of replacement and installation. 6 • , protection and conservation lands, as specifically detailed by resolution of the board of county commissioners.13 Section 9. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 10. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 11. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 12. This ordinance shall be filed in the Office of the Secretary of State of Florida but shall not become effective until a notice is issued by the Florida Department of Community Affairs or Administration Commission approving the ordinance. Section 13. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. Section 14. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately numbered to conform to the uniform numbering system of the Code. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of December, 2004. Mayor Dixie M. Spehar yes Mayor Pro Tern McCoy yes Commissioner Nelson absent <=: ;-•.: loner Neugent absent gOg ,' A.,rrt er Rice yes 23 �� - BOARD OF COUNTY COMMISSIONERS _t t "�D ,:zYQL= AGE, Clerk OF MONRO U RIDA ~ By =?c, �' % i9c MONROE COUNTY ATTORNEY Mayor/Chairperson r=ri�.."4..ti :.w .,..; • jord , 1C PRO D AS 0 . r�• r 0-' SUZANNE . UTTON � c) - : i'I1 A SISTAt�T OU Y TTORNEY 7-1:: LO•• `' ' Date 7/ r 11.r1 ._,' I cc :: 13 This codifies the establishment of an environmental land management and restoration fund, which has already been authorized by resolution of the Board of County Commissioners. Funds from this account will not be used for land acquisition purposes and will be detailed by the Board of County Commissioners through policy resolutions. CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 January 11,2005 Department of State, Bureau of Administrative Code The Collins Building 107 West Gaines Street, Suite L43 Tallahassee, Florida 32399-0250 Dear Ms. Cloud: Attached hereto is a certified copy of Ordinance No. 040-2004 repealing Ordinance No. 019-2004 and amending Sections 9.5-119 and 9.5-346, Monroe County Code; revising requirements for restoration of lands clearing without benefit of permit or beyond scope of a permit; deleting transplantation requirements and substituting with requirements for payment into the Monroe County Environmental Land Management and Restoration Fund; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for severability; and providing for an effective date. This Ordinance was adopted by the Board of County Commissioners of Monroe County at their regular meeting on December 15, 2004. Please file for record. Should you have any questions concerning the above, please do not hesitate to contact this office. Very truly yours, Danny L. Kolhage Clerk of Court and ex-officio Clerk to the Board of County Commissioners ByJ:Jald- C. Lf1JJ~ Isabel C. DeSantis, Deputy Clerk cc: Monroe County Commission Growth Management Director County Attorney Finance /File .::/" o o C"- -s;;;;.;CApTNo.:- or PO Box No. citj,;-siaie'ZIP';;" ---- C"- O g (End~~~t;;;;;@. o ReS1rBulOe.iml)' i',l~ ..J] (End"L';iIlmenY~'1\JI""'d) ,..., , rte Collin r'I T..J~, . Suite"~ ~'t~'-r::l0rlda 32399-02~ Sent, 0 __________________ ,}C3t;(!le o Ce r 'if edF'f e ~. --~------- I , ~_!!. See Ae 2 H Iii SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or the front if space permits. 1. Arti Addressed to: De~ftme-nt of State Burlau of Administrative Code The Collins Building 107 West Gaines Street. Suite L43 Tallahassee, Florida 32399-0250 . . A. Signature . . . x G B. ~~NrrbF D. Is delivery address different from item 1? If YES, enter delivery address below: 3. SeJNice Type lit Certified Mail D Registered D Insured Mail D Agent D Addressee ~'t-. D Express Mail D Return Receipt for Merchandise DC.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Transfer from service labeQ ~^ ...___ '2Q11 !:onrll"rv 2004 7004 1160 0007 1974 7510 Domestic Return Receipt DYes 102595-02-M-1540 • FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES January 14, 2005 ___ Honorable Danny L. Kolhage _ _ __ __ _ _ __ Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West,Florida 33040 Attention: Isabel C. DeSantis,Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 11, 2005 and certified coy of Monroe County Ordinance No. 040-2004, which was filed in this office on January 13, 2005. Sincerely, 1.Z1115., Liz Cloud Program Administrator LC/kcs A ❑STATE LIBRARY OF FLORIDA R.A.Gray Building• Tallahassee,Florida 32399-0250•(850)245-6600 FAX:(850)488-2746• TDD:(850)922-4085•http://www.dos.state.fl.us ❑LEGISLATIVE LIBRARY SERVICE ❑RECORDS MANAGEMENT SERVICES ❑FLORIDA STATE ARCHIVES (850)488-2812• FAX:(850)488-9879 (850)487-2180• FAX:(850)413-7224 (850)245-67000 FAX:(850)488-4894 ❑ADMINISTRATIVE CODE AND WEEKLY (850)245-62709 FAX:(850)245-6282 I • Postal ServiceTM • • CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) r- For delivery informationvisit our website at www.usps.come r" O Linf F II L -E Postage ' r� 0 • Certlfled Fee ' a(O�, `O A. O ■ O R m Reclept Fee JAN 1 P s (FJidor � �. H r • • (ndot e'n'rwilfedj dministrative 1• `lrreCoilin•. :ui .• g oSPS`'`;. Totalifiy-Eaolrsl ' • - _ Suite L43 - o sent Toalia ftec,• Florida 32399 0250 I` street,Apt No.; or PO Box No. volp , SRO City,State,ZIP+4 a cov PS Form 3800 June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ElAgent ' • Print your name and address on the reverse G i v . , 0 Addressee so that we can return the card to you. B i� rimEr I. D • Attach this card to the back of the mailpiece, )OF �f'� N%, or on the front if space permits. 1� D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Department of State Bureau of Administrative Code The Collins Building • 107 West Gaines Street, Suite L43 3.,�se ice Type • Tallahassee, Florida 3239'9-02.50 Certified Mall CI Express Mail ❑Registered O.Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 yes — —— --- I 2. Article Number d (Transfer from service label) 7004 1160 0007 1974 7510 :PS Form 38111,:February 2004 'f t f Domestic Return Receipt 102595-02-M-1540 , i • 4 • bCOUNT), ,*4J`q `...Cu'tp4 QG,D ySi „'e.roo f V 1J0 6 Jet / 10 :f 'qOF °uta.T., CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE PLANTATION KEY MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145 FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146 February 1, 2005 Department of State, Bureau of Administrative Code The Collins Building 107 West Gaines Street, Suite L43 Certified Mail Receipt# Tallahassee, Florida 32399-0250 7004 1160 0007 1974 7558 Dear Ms. Cloud: Attached hereto is a certified copy of replacement Ordinance No. 040-2004, which was previously sent to your'office. It inadvertently contained footnotes which should have been removed prior to submission. This Ordinance was adopted by the Board of County Commissioners of Monroe County at their regular meeting on December 15, 2004. Please file for record. Should you have any questions concerning the above, please do not hesitate to contact this office. Very truly yours, Danny L. Kolhage Clerk of Court and ex-officio Clerk to the Board of Count Commissioners U.S. Postal ServiceTM BY: ' CERTIFIED MAILTM RECEIPT Isabel (Domestic Mail Only;No Insurance Coverage Provided) cc: Monroe County Commission For delivery information visit our website at www.usps.com5 Growth Management Director F F Q II A)'- Er County Attorney Postage [Mika R Finance p Certified Fee mum File oo Posfm:,, �/ o 1=1 Retum Reclept Fee(Endorsement Required) Oss t Restricted Delivery Fee .�� 1 e t(Endorsement Required)1-9 1-9 Oft. 0(r0 aody great, of A' SOP The Collins Building O t 2S� fa2[iff��' f��®fit.- 1J��_�.s�� orP y'x SZa. ida 323�9-02a0 Clty,F� 1 PS.Form 3800',June 2002 See Reverse for Instruction's f"" './. ii, ORDINANCE NO. 040 -2004 :i'": <<.~ , .4N ORDINANCE BY THE MONROE COUNTY BOARD OF ,abUNTY COMMISSIONERS REPEALING ORDINANCE 19-2004 -~,,- .... <..:rJND AMENDING SECTIONS 9.5-119 AND 9.5-346, MONROE .~':C.QUNTY CODE; REVISING REQUIREMENTS FOR ''1mSTORATION OF LANDS CLEARED WITHOUT BENEFIT OF . ~trJlMIT OR BEYOND SCOPE OF A PERMIT; DELETING T!M.NSPLANTATION REQUIREMENTS AND SUBSTITUTING W,)'H REQUIREMENTS FOR PAYMENT INTO THE MONROE COUNTY ENVIRONMENTAL LAND MANAGEMENT AND RESTORATION FUND; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. I C.") WHEREAS, the Board of County Commissioners approved an ordinance amending Section 6-29, Monroe County Code (MCC), to increase the fees for after-the- fact permits, including the provision of mitigation fees for unlawful filling of wetlands; and, WHEREAS, the Growth Management Division staff was directed to prepare amendments to Section 9.5-119, MCC, to strengthen the standards for restoration of habitat areas that are unlawfully cleared without benefit of a permit; and, WHEREAS, in reviewing Section 9.5-119, MCC, and related regulations, the Growth Management Division staff determined that changes in the transplantation requirements in Section 9.5-346, MCC, for on-site and off-site mitigation of cleared habitat areas were warranted as transplantation has not been proven to be a successful or cost-effective measure; and, WHEREAS, the Growth Management Division staff prepared amendments to Section 9.5-119, MCC, to strengthen the restoration requirements and increase the mitigation requirements for the clearing of lands without benefit of a permit; and, WHEREAS, the staff also prepared amendments to Section 9.5-346, MCC, to replace transplantation as a mitigation option in the clearing of habitat with a requirement for payment of mitigation fees into the county's "Restoration Fund", now renamed the "Environmental Land Management and Restoration Fund"; and, WHEREAS, the Planning Commission recommended approval to the Board of County Commissioners of the proposed amendments with additional provisions to increase the penalties for unlawful clearing of environmental habitat; and, WHEREAS, at the June 16,2004, public hearing on the proposed ordinance, the Board of County Commissioners was informed by the County Attorney of his concerns about the legality of the penalty provisions of the proposed ordinance as applied to unlawful clearing of habitat; and, WHEREAS, the County Attorney recommended that the Board proceed to adopt the ordinance with the understanding the ordinance would be submitted to the Growth Management Division's special legal counsel for an in-depth legal review to ascertain the validity of the penalty provisions of the ordinance; and, WHEREAS, the Board of County Commissioners adopted Ordinance 19-2004, amending Sections 9.5-119 and 9.5-346, MCC; and, WHEREAS, the Growth Management Division rendered the adopted ordinance to the Florida Department of Community Affairs for its approval pursuant to Chapter 380, Florida Statutes; and, WHEREAS, subsequent to the adoption of Ordinance 19-2004, the Growth Management Division's special legal counsel, the firm of Freilich, Leitner & Carlisle rendered a legal opinion that the penalty elements of the adopted ordinance were inconsistent with Florida Statutes; and, WHEREAS, based upon this legal opinion, the Growth Management Director in consultation with the County Attorney, notified the Florida Department of Community Affairs of the County's need to withdraw Ordinance 19-2004 to cure the legal deficiencies in the adopted ordinance; and, WHEREAS, the Growth Management Division staff in coordination with the County Attorney, has prepared amendments to Sections 9.5-119 and 9.5-346 that cure these legal deficiencies; WHEREAS, the proposed amendments to the restoration standards of the county's regulations are intended to ensure that such lands are fully restored and to provide a dedicated funding source for restoration and management of public conservation land; and, WHEREAS, the Board of County Commissioners has reviewed the proposed amendments to Sections 9.5-119 and 9.5-346, recommended by the Planning Commission and Growth Management Division; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Ordinance 19-2004 is hereby rescinded. Section 2, The title to Section 9.5-119, MCC, is hereby amended as follows: Sec. 9.5-119. Environmental restoration standards. Section 3. Section 9.5-119 (a), MCC, is hereby amended and reorganized into paragraphs (a) and (b) as follows: (a) In the event any land clearing is occurring on a site and such clearing is outside the scope of any permit issued or for which no permit was issued, the building official or other authorized county official, shall issue a stop work order. If any land clearing has occurred for which no permit has been issued or beyond the scope of an issued permit, such activity shall be subject to code enforcement proceedings under chapter 6.3. Except for issuance of an approved after-the-fact permit for restoration, the stop order shall remain in effect and no application for a building permit shall be processed or issued for the site until the violation for unlawful land clearing is corrected pursuant to paragraph (b). (b) A land clearing violation is corrected if all the following conditions are met in accordance with a restoration site plan approved by the county biologist: (1) The site shall be restored to its pre-violation grade. (2) All native trees, shrubs, and groundcovers on the unlawfully cleared site shall be replaced with native plant species as appropriate to the site unlawfully cleared. The trees shall be of a size and maturity commensurate to the unlawful clearing as determined by the county biologist. The native species mix shall consist of the approximate percentages of the predominant tree, shrub and groundcover species on the site unlawfully cleared prior to the violation, but if any endangered or threatened tree, shrub or groundcover species were unlawfully cleared, then those species shall be replaced with plants of a size and maturity commensurate to and related to the unlawful clearing as determined by the county biologist regardless of predominance. (3) All replanted trees, shrubs, and groundcovers shall be located on site within the same areas that were unlawfully cleared. (4) A monetary guarantee for the restoration work, as stipulated in paragraph ( e), shall be provided in the form of a surety bond. (5) The restoration work to correct the land clearing violation in accordance with subsections (1) through (3) above shall be required to receive final inspection approval by the county biologist. Section 4. A new Section 9.5-119 (c), MCC, is hereby created as follows: (c) Any violation for land clearing that has been corrected pursuant to paragraph (b) above shall be subject to the following additional conditions to ensure the growth and viability of the restored habitat: (1) Except as expressively authorized by the county biologist pursuant to an approved phased restoration site plan, all invasive exotic plant species, on the most current Florida Exotic Pest Plant Council's list of Category I or II invasive exotic plants shall be continuously removed during the three (3) year period described in subsection (2) below. Section 5. Section 9.5-119 (b), MCC, is hereby relabeled as Section 9.5-119(c)(2) and amended as follows: (2) At least eighty (80) percent of the trees replaced, as described in sec. 9.5-119 (b )(2), shall be viable at the end of a three (3) year period from the date of the final inspection of the restoration work; however, dead or dying trees may be replaced, subject to prior approval by the county biologist, during the three (3) year period in order to assure the eighty (80) percent minimum is met at the end of three years. The restoration work shall be inspected by the county biologist on an annual basis during the three-year period and shall require a final inspection at the end of the three year period. He may direct that dead or dying trees be replaced as he deems necessary to ensure the eighty (80) percent standard will be met at the end of the three years. Section 6. Section 9.5-119 (d) , MCC, is hereby created to read as follows: (d) Failure to meet the conditions of sec. 9.5-119 (c) above, shall be considered a violation of this chapter and subject to code enforcement proceedings under chapter 6.3. Section 7. Section 9.5-119 (c), MCC, is hereby relabeled as paragraph (e) and amended as follows: (e) The permit holder shall be required through a surety bond, to guarantee the satisfactory completion of the restoration work in accordance with the approved restoration site plan and the survival of at least eighty (80) percent of the replanted trees for a period of at least three (3) years after the issuance of the after-the-fact permit for the restoration work. (1) Guarantee amount: The amount of the restoration guarantee shall cover the full costs of the restoration work described in sec. 9.5-119 (b) (1) through (3). The estimated costs ofthe restoration described in sec. 9.5-119 (b) shall be the sum of a and b, below: a. One hundred (100) percent of the estimated cost of the restoration described in sec. 9.5-119 (b)(1) as estimated by the county engineer; or alternatively, one hundred- fifty (150) percent of the price of a binding contract for the restoration work required by sec. 9.5-119 (b)(1) entered into with a contractor qualified to perform such work. b. One hundred (100) percent of the estimated cost, as estimated by the building official, of performing the restoration work described in sec. 9.5- 119(b )(2) and (3); or, alternatively, one hundred-fifty (150) percent of the price of a binding contract for the restoration work described in sec. 9.5-119 (b)(2) and (3) entered into with a Florida licensed landscape architect. (2) Surety bond: The surety bond shall be in a form and with a bonding company approved by the county attorney. The bond shall be payable to the county in the amount of estimated total cost for restoration work as calculated in sec.9.5-119 (e)(I) above, and enforceable, on or beyond a date thirty-six (36) months from the date of the permit issued for the restoration work. Release of any bond shall be conditioned upon final approval by the county biologist of the restoration work as stipulated in sec. 9.5-119 (c)(2). (3) Default: All guarantees shall provide that if the permit holder failed to complete required restoration work accordance with the restoration site plan and failed to comply with the requirements of sec. 9.5-119 (c)(2), the director of planning in consultation with the county attorney, may take the following action: Inform the bonding company in writing of default by the permit holder and request that it take necessary actions to complete the required improvements. Section 8, Section 9.5-346 ("Transplantation Plan") MCC, is hereby deleted and replaced with the following: Section 9,5-346. Mitigation standards and county environmental land management and restoration fund. (a) Mitigation standards: The removal of any listed threatened, endangered, commercially exploited, and regionally important native plant species and all native trees with a diameter at breast height (DBH) of greater than four (4) inches shall require payment to the County Environmental Land Management and Restoration Fund in an amount sufficient to replace each removed plant or tree on a two to one (2: 1) basis. The number, species, and sizes of trees and plants to be mitigated shall be identified in an existing conditions report approved by the county biologist in accordance with the minimum size requirements set forth in sec. 9.5-367. (b) Mitigation fees determination: The mitigation fee shall be based on the replacement cost of the specific plants and trees. The costs for replacement plants and trees shall be based upon a price schedule maintained and updated annually by the county biologist. This schedule shall be based on price quotes by at least three (3) private plant nurseries within Monroe County or Miami-Dade County. (c) County environmental land management and restoration fund: The board of county commissioners may establish a special revenue fund called the Monroe County Environmental Land Management and Restoration Fund. Revenues and fees deposited in this fund shall be used for restoration and management activities of public resource protection and conservation lands, as specifically detailed by resolution of the board of county commissioners. Section 9, If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 10. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 11. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 12. This ordinance shall be filed in the Office of the Secretary of State of Florida but shall not become effective until a notice is issued by the Florida Department of Community Affairs or Administration Commission approving the ordinance. Section 13. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs to determine the consistency ofthis ordinance with the Florida Statutes. Section 14. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately numbered to conform to the uniform numbering system of the Code. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of December, 2004. .::::~-:--:-~~~, //~'/^;!(."~:~ .,;.~. :.?>; :\ ,\jfil- 3 ." '\ '\..'/.(t~.~'.&..;;... ~.... /~)i{ i' \ .Is\~,,\,f,,\\ If' ..~~ ~\ii':Y.} " _, .: "i~ ~_~ ,~.,,~~~>~ ~;7 -,:~,:~]";i . r.'~~{}, ,:, . ':tgEA.t~) Attest: DANNY L.KOLHAGE, Clerk By~ald (){J. &v'rJuv~ Deputy Clerk - Mayor Dixie M. Spehar Mayor Pro Tern McCoy Commissioner Nelson Commissioner Neugent Commissioner Rice yes yes absent absent yes By BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA {~)a >n ~ Mayor/Chairperson FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES :.n '4 .......,. \ ~'.~,... -.,..... ........... "'--- ., ~., , "".,J~ ,'"",'" \M,~,";..J February 4,2005 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated February 1, 2005 and corrected copy of Monroe County Ordinance No. 040-2004, which was received in this office on February 3, 2005, Sincerely, ~~ Liz Cloud Program Administrator LC/kcs DSTATE LIBRARY OF FLORIDA R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600 FAX: (850) 488-2746. TDD: (850) 922-4085. http://www,dos.state,fl.us DLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894 DADMINISTRA TIVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282 a 9)�r• l 'FS•- • I DWE FLORIDA DEPARTMENT OF STATE Glenda E. Hood = -'' Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES ✓� February 4, 2005 _ Honorable Danny L. Kolhage_ Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated February 1, 2005 and corrected copy of Monroe County Ordinance No. 040-2004, which was received in this office on February 3, 2005. Sincerely, fin . r"-• SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ▪ Complete items 1,2,and 3.Also complete 'A. Signature item 4 if Restricted Delivery is desired. 0 Agent._ • Print your name and address on the reverse E P - '_ 0 Addressee so that we can return the card to you. B. Received by(Printed Name) ' C. Date of Delivery LC/kcs • Attach this card to the back of the mailpiece, FFR Q 200 or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES ter ivovy: �No • Department of State Bureau of Administrative Code The Collins' Building 107 West Gaines Street, Suite L43 3. Se ceType Tallahassm . Florida 32399-0250 Sd Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail O C.O.D. ga ja4.Ce me4*f Ord, O VO-A00 jf 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from servicelabe0 7004 1160 0007 1974 7558 ❑LEGISLATIVE LIFE PS form 381'1,February 2004 •' I Domestic Return Receipt 102595-02-M-1540 (850)488-2812• FA:,;r [ +i I__.a il_i_ :! r: i+ i i .t :t r --- -, ❑ADMINISTRATIVE CODE AND WEEKLY (850)245-6270•FAX:(850)245-6282 r CA Fina' Order No.: DCA05-0R-036 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 040-2004 FINAL ORDER The Department of Community Affairs (the "Department") hereby issues its Final Order, pursuant to SS 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2004), approving a land development regulation adopted by a local government within the Florida Keys Area of Critical State Concern as set forth below. FINDINGS OF FACT 1. The Florida Keys Area is a statutorily designated area of critical state concern, and Monroe County is a local government within the Florida Keys Area. 2. On January 13,2005, the Department received for review Monroe County Ordinance No. 040-2004 which was adopted by the Monroe County Board of County Commissioners on December 15,2004 ("Ord. 040-2004"). 3. The purpose of Ord. 040-2004 is to repeal Ordinance 019-2004, and amend Sections 9.5-119 and 9.5-346, Monroe County Code; revise requirements for the restoration oflands cleared without benefit of a permit or beyond the scope of a permit; delete transplantation requirements and substitute with requirements for payment into the Monroe Comity "'C" - , " Environmental Land Management and Restoration Fund. ,. r" 4. Ord. 040-2004 is consistent with the County's 2010 Comprehensive p@i'~ ,"'J ':'/1 CONCLUSIONS OF LAW -" -['.... .. '" -.-" ,:.v - I 5. The Department is required to approve or reject land development regulations tli~t are enacted, amended or rescinded by any local government in the Florida Keys Area of Critical State Concern. SS 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2004). DCA Final Order No.: DCAOS-OR-tGG 6. Monroe County is a local government within the Florida Keys Area of Critical State Concern. S 380.0552, Fla. Stat. (2004) and Rule 28-29.002 (superseding Chapter 27F-8), Fla. Admin. Code. 7. "Land development regulations" include local zoning, subdivision, building and other regulations controlling the development of land. S 380.031 (8), Fla. Stat. (2004). The regulations adopted by Ord. 040-2004 are land development regulations. 8. All land development regulations enacted, amended or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the "Principles") as set forth in S 380.0552(7), Fla. Stat. See Rathkamp v. Department oj Community Affairs, 21 F.A.L.R. 1902 (Dec. 4,1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions. 9. Ord. 040-2004 promotes and furthers the following Principles: (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. (c) Protect upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pine lands), dune ridges and beaches, wildlife, and their habitat. 10. Ord. 040-2004 is consistent with the Principles for Guiding Development as a whole. WHEREFORE, IT IS ORDERED that Ord. 040-2004 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED. 2 DCA Final Order No,: DCA05-0R-OJC This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below. DONE AND ORDERED in Tallahassee, Florida. BBARD, DIRECTOR Division of C munity Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING. IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE ADMINISTRA TIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAYBE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENT A TIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MA Y EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MATERIAL F ACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRA TIVE HEARING BEFORE AN ADMINISTRATIVE LA W JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY 3 DCi, r;';n~d Onlc,' No,: DCAOS-OR-03( BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100. THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28- 106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE. A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING. YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER. 4 DCl. '1ai C/",,:;" ([e..: DCi\OS-OR-036 CERTIFICA TE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true a,Qd c.qrrect copies have been furnished to the persons listed below by the method indicated thisol~Y-Qay of February, 2005. r, i . ..... '. C- .....- J ,-~ . i',-<>t... · ~.~0 ~~~aula Ford, Agency Clerk .. . \ ;,~.,,,. By U.S. Mail: Honorable Murray Nelson Mayor of Monroe County 500 Whitehead Street, Suite 1 02 Key West, Florida 33040 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Timothy J. McGarry, AICP Director, Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 By Hand Delivery or Interagency Mail: Jim Quinn, Bureau of State Planning, DCA Tallahassee Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee 5